• Contempt of court

Hello sir, 
We have filed a case in calcutta high court... And verdict came in favour of us in november 3, 2017..But when we approached the government following the verdict,it is reluctant to follow the verdict and we being denied the justice.kindly help us with the following 
1) Is there any time limit to file for a contempt of court petition,plz elaborate on the procedure of contempt of court
2)govt authorities are saying, they have filed a appeal infront the division bench against the single bench verdict... Is there any way to know whether they have filed an appeal or not, if they have filed, the case number.. 
3)is there any way to get an appointment with any highcourt judge,?

Thank you in advance..
Asked 8 years ago in Civil Law

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14 Answers

1. What was the order of the court, was some time given to the government to comply with the order? If not time was given then start giving representations to the government to comply with the order of the HC.

2. If the appeal has been filed then you would have been the party in the same. You can engage a local lawyer to check in the registry of the court of the appeal has been filed or not/ anyways no order will be passed without issuing a notice to you.

3. There is no such official way of getting appointment from a jidge, as per the judicial norma the judges are not allowed to meet the litigants after the court proceedings.

Advise: contact a lawyer and enquire about the appeal, if no appeal has been filed then file a contempt case. Only file a contempt case when you are double sure that no appeal has been filed.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) if any appeal is filed against order of learned single judge no contempt of court petition is maintainable

2) you can check the high court website it would reflect the filing of appeal in your case

3) you have to file petition in HC under provisions of contempt of court act if Respondent has deliberately flouted HC order

4) notice would be issued to Respondent

5) if court is convinced that an offence has been committed under contempt of court it would admit your petition

6)you cannot take appointment with HC judge

7) you have to make your submissions in open court

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can send the government concerned department a legal notice, you can write a letter to seeking appointment

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

As per your query it is notice that a verdict is delivered on 3rd nov.2017. If it is passed by a single judge then the opposite party has opportunity to file appeal with in appeal period before division bench. So you have only opportunities to get file a contempt of court after the period of appeal.

It is unfair to meet the judge directly to litigants and the code of contact is not allowed the judges to such practice. So you cannot take an appointment with judge.

All the proceedings and details of court are available in high court websites.

So you can check it .

http://calcuttahighcourt.nic.in/

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

1. The contempt must be filed within a short period of time though one year time limit is prescribed.

2. Unless and util stay is granted the public authority is bound to comply the order.However if you file contempt petition the single judge may not proceed to initiate contempt if stay is not granted by division bench..

3.DO not be foolish .Judges are to pass order after hearing both aprties.THEY AREN'T HERE TO ENTERTAIN PEOPLE IN PERSONAL MEETINGS.

If you should me the order further advise can be given.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Limitation period of one year for initiating contempt proceedings prescribed under section 20 of The Contempt of courts act. If special appeal is filed by the respondent it is duty of the respondent to serve a noticed upon the petitioner. If you did not receive any Notice from the government department i.E. Respondent in your case you may file a questionnaire before the High Court and seek information that whether any special appeal is filed against verdict of the single judge.  there is no procedure to get an appointment with the sitting judge of the high court but you can file a petition in person and present before the court in person and seek chamber hearing.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. You need to file execution petition with the jurisdictional court ( Limitation is 3 years after the decree ) .

2. Generally contempt of court petition can be filed after 30 days of the decree.

3. In case, if they filed appeal then you would receive notice/summon from the court.

4. Formal appointment with high court judge not possible even for lawyers.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Dear User

In reply to question No.1 of your post, yes there is time limit. The order of High Court will have more details / clarity as far as directions given by court in your favour.

In reply to question No.2 of your post, request the authorities to furnish the Appeal details through RTI Application. Other way round, you can get the details of said Appeal verified from Registry of HC and/or through your Counsel.

In reply to your question No.3 of your post, NO WAY & NO CHANCE. You can bring your grievance before the court in person / through an Advocate only.

As far as filing of Contempt Application, if Appeal is filed by them you need to wait till the disposal of the Appeal etc.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If the government has challenged the order passed against them, you need to fight out the case in the Court.

you can not take appointment with the Honourable High Court Judge to discus your case.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

1. The period of limitation to file a contempt petition is 1 year. You have a lot of time to file the contempt petition in the High Court, and you haven't missed the bus as yet.

2. Get in touch with a lawyer practising in the High Court, and he'll find out whether or not an appeal has been preferred by the government.

3. No.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes you can go for contempt after a month its a reasonable time, and if the government has filed appeal then you will receive notice from the court, but you need not to wait to file the contempt petition. There is no way to get appointment from high court judge, no judge meets like this

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Time limit is there contempt procedure be done in same court

If appeal pending no contempt

On prior parmition of HC judge

Can get appointment

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. As per Section 20 of the Contempt of Courts Act of 1971 the limitation period for filing the contempt of court case and is a period of one year from the date on which the contempt is alleged to have committed.

2. If any appeal has been filed, notice shall have to be served upon you and till you get the said notice, you shall have to consider that no apeal has yet been filed.

3. There is no way to get an appointment with the judge for discussing your legal matters. You can file the contempt petition unless you get copy of the appeal filed against the said order.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Instead of planning for filing a contempt of court case, you may plan to file an execution petition to execute the judgment as per the provisions of law in this regard.

2. You can file a caveat before the high court on this by which you will get notice automatically on any such appeal.

3. You cannot get an appointment with any judge on this, it is not permissible.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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